as the trial court, considering the facts and all reasonable inferences from the
facts in the light most favorable to the nonmoving party.36 "Summary judgment is
properly granted if the pleadings, depositions, answers to interrogatories, and
admissions on file, together with the affidavits, show that there is no genuine
issue as to any material fact and that the moving party is entitled to a judgment
as a matter of law."37
36 Right-Price Recreation, LLC v. Connells Prairie Cmtv. Council, 146
Wn.2d 370, 381, 46 P.3d 789 (2002).
37 Phillips v. King County, 136 Wn.2d 946, 956, 968 P.2d 871 (1998); CR
56(c).
-14-
No. 68727-1-I (consol. with
No. 68927-4-1)7 15
After hearing oral argument on 12 separate occasions and reviewing
pleadings, motions, memoranda, declarations, and affidavits from both parties,
the trial court found that Feigenbaum was in breach of the lease for nonpayment
of rent. The court found that Hall did not breach or default on any of his
obligations under the lease and that he mitigated damages by reletting the
premises.
Feigenbaum conceded to the court that he had not complied with the
court's order to deposit future rent into the court's registry. In spite of over two
years of litigation, Feigenbaum raised no genuine issue of any material fact
regarding his unlawful detainer of the premises and breach of the lease. We hold
that the trial court did not err in granting summary judgment to Hall.
The trial court awarded Hall $136,807.29, comprised of $108,969.00 for
rent due under the lease, $21,016.00 for the deficiency between Feigenbaum's
rent and the rent paid by the new lessee during the balance of Feigenbaum's